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HomeMy WebLinkAbout2005-R-03RESOLUTION NO. 2005 R _~ A RESOLUTION approving a Late-Filed Application for The Economic Revitalization Area Deduction on New Manufacturing Equipment (Form 322 ERA/PPM&E) for Roll Forming Corporation WHEREAS, Common Council has previously designated and declared by Declaratory Resolution and Confirming Resolution property at The Clark Maritime Center, Jeffersonville. IN 47130 for Roll Forming Corporation (2000R32) under Section 153.13 - 153.24 of the Municipal Code of the City of Jeffersonville, Indiana and I.C. 6- 1.1-12.1: and WHEREAS. representatives of Roll Forming Corporation have informed the City of Jeffersonville that their application for deduction from assessed valuation on new manufacturing equipment in economic revitalization areas 1322 ERAJPPM&E/, for the 2002 pay 2003, 2003 pay 2004, and 2004 pay 2005 tax years ~vere not filed in a timely manner; and WHEREAS, the Indiana Department o.f Local Government Finance shall review and verify the correctness of each application for deduction from assessed valuation on new manufacturing equipment in economic revitalization areas (322 ERA/PPM&E), under Indiana Administrative Code (50 IAC 10-3-2(e); and WHEREAS, the Indiana Department of Local Government Finance has the discretion to consider late-filed applications for deduction from assessed valuation on ne~v manufacturing equipment in economic revitalization areas (322 ERA/PPM&E, under Indiana Administrative Code (50 IAC 10-4-2(a); and WHEREAS, in exercising its discretion, the Indiana Department of Local Government Finance, under Indiana Administrative Code (50 IAC 10-4-2(b)(5), shall consider the totality of the facts and circumstances in determining whether to approve a late-filed application for deduction from assessed valuation on new manufacturing equipment in economic revitalization areas (322 ERA/PPM&E). Such considering may be based on one or more of the following factors: (1) (2) (3) (4) Whether the failure to timely file the deduction application resulted from an act of God, or from the death or serious illness of the person principally responsible for the filing of the deduction application. Whether the approval of the late-filed deduction application would result in the loss of property tax revenues to the taxing units affected by the deduction. Whether a public official gave misleading information to the taxpayer that was the proximate cause of the late filing, and whether it was responsible for the taxpayer to rely on that misleading information. Whether the lapse between the filing deadline and the date on which the deduction application was actually filed would have prevented local officials from accurately determining the assessed value for budget, rate, and levy purposes.